Wednesday, April 3, 2019

Nikah Halala- Sharing bed with another Man is Justified

Can you imagine that to be with
someone, you are pushed to sleep with someone else? Or in some cases, if you and
your husband get some conflicts and stay separated for some time. Usually,
reuniting is easy constitutionally, but not religiously.

Source- Scroll.in

Religious minds have to
complicate the situation and humiliate someone. In case of Nikah Halala, which
is practiced among Muslim Community, reuniting means that as a woman you have
to sleep with someone else, and in some cases like it has been done in Nikah
Halala- with your father in law. How would you take it?

There have been reports of online services that offer ‘Halala’ marriages. According to an
investigative report done by a TV channel, maulvis were caught asking for
money in exchange for performing Nikah Halala marriages.

Due to religious blindness,
people even used the sedatives to practice the Niakah Halala.

"And if
he has divorced her (the third time), then she is not lawful unto him
thereafter until she has married another husband” [al-Baqarah 2:230].

Nikah halala' is a process in which a Muslim woman, who wants to re-marry
her husband after third divorce, has to first marry another person and
get a divorce from the second person after the consummating the marriage.

Or Nikah Halala is a practice where a woman has to sleep with another man to
remarry the first husband. This does not apply in first two divorce
but the third one.

According to some Muslim scholars- this was to prevent the
mockery of marriages. What a tremendous rule of equality and to save the
marriages.

Is Nikah Halala is Lawful?

The practices of 'Nikah Mutah' and 'Nikah Misyar' are two types of temporary marriages
where duration of the relationship is specified and agreed upon in advance.

Majority of Muslims follow sharia even in democratic
countries like India and the practice remains applicable in society.

My regret is that woman is
treated as commodity and it is humiliating that the practice itself violates
fundamental rights.

The most recent case which made headlines was in 2019 itself.
There were cases in Bareilly district of UP where women were sought to sleep
with father in law to fulfil this religious condition (References).
These basically violate fundamental rights of individuals - like article 14,
15, and 21 of the Indian Constitution.

The
problem with religious minds is that they have so many interpretations of their
own that when they consider that something is ruining the brand image of religion,
they provide arguments like Islam does not permit it.

How do
Religious Hypocrites respond to it?

Saying that
such marriages are condemned under the Shariat Law and find absolutely no
sanction in the Quran, All India Muslim Personal Law Board Vice-President
Maulana Syed Jalaluddin Umari said, “nikah halala are marriages performed with
the intention to reunite a man with his previous wife. And there is no sanction
in the Quran for such marriages.”

Denying is
the easiest thing one can do, and religious people are expert in it. They deny
everything which questions their religion.

Source- The Indian Express

Nikah Halala is against human rights and violates Indian Constitution.

It violates
fundamental rights to equality and freedom as mentioned above. One prominent
fundamental right is (Mis)used by religious orthodox that's is article 25 which
gives rights to practice religion.

Nikah halala does not provide equality but it is a form
of sexual harassment too. People impose these sexual relations on women with a
father figure like father in law or someone else.

It is a huge psychological injury one has to carry
always. Moreover, man can treat this as a punitive measure for women.

Such religious practices are so primitive and absurd that
it's really saddening that people follow it.

Women are struggling hard to fight against it from Muslim
communities while fundamentalist are calling them names instead of
understanding the problem on a humanitarian ground.

Religion is very less forgiving, and seem so disastrous in
making decisions. Life is simple, when two people have to be together let them
decide. What kind of rule is it?